Policy Makers Examine the Disparate Impact Risk of Artificial Intelligence and Underwriting
- Recent Congressional activity reflects increasing concern in the fair lending implications of artificial intelligence (AI) in credit underwriting. Congress and regulatory agencies are likely to press financial services providers to better understand the AI they use and to ensure that its use does not result... ›
Nevada Resident Sentenced for Fraud and Unlicensed Money Transmission in Case Involving Bitcoin
By: Marc-Alain Galeazzi
A Nevada resident, Morgan Rockcoons, was sentenced in the U.S. District Court for the Southern District of California to 21 months in prison for wire fraud and unlicensed money transmission. In connection with the sentencing, Rockcoons will also be required to forfeit $80,600 in illicit proceeds.... ›Where Disruption Meets Regulation
By: Gordon A. Milner
A wide range of businesses in Southeast Asia from traditional retailers and financial institutions to start-ups are harnessing new technologies and entering into new commercial partnerships to offer financial products and services regionally. MoFo’s Jake Robson, Gordon Milner and Nicholas Davies discuss how companies... ›Understanding Blockchain - What is the Difference Between Public, Permissioned and Private Blockchains?
In this episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino discuss the differences between each blockchain structure. Susan and Dario cover public, private, and permissioned blockchains and how the objectives of a given project might determine which structure is... ›Could Strong Consumer Authentication Weaken Consumer Demand?
By: Trevor R. Salter
From 14 September 2019, certain electronic and remote payments must be subjected to two-factor, or “strong customer authentication”, under regulatory standards covering the European Economic Area relating to the second EU Payment Services Directive, which took effect in January 2018. Retailers are uncertain whether... ›Understanding Blockchain - What is Blockchain?
In the first episode of “Understanding Blockchain,” Morrison & Foerster’s Susan Gault-Brown and Dario de Martino define blockchain for those without a technical background. They break down how it works, what it’s used for, and technologies under the blockchain umbrella, such as cryptography, distributed... ›In a First, FinCEN Assesses Civil Money Penalty Against Peer-to-Peer Virtual Currency Exchanger
By: Marc-Alain Galeazzi
The Financial Crimes Enforcement Network (“FinCEN”) issued a press release announcing a civil money penalty for violations of the Bank Secrecy Act against Eric Powers, an individual who acted as a peer-to-peer virtual currency exchanger. The enforcement action is the first-ever penalty assessed by FinCEN... ›SEC Issues Historic No-Action Letter and Releases Framework for “Investment Contract” Analysis of Digital Assets
By: Alfredo B. D. Silva and Dylan Kelsey Naughton
On April 3, 2019, the Strategic Hub for Innovation and Financial Technology of the U.S. Securities and Exchange Commission (“SEC”) published two pieces of guidance on when a blockchain-enabled digital asset will, or will not, be considered a security. The first piece of guidance... ›FSA Proposes Bill to Amend Japanese Laws Regulating Cryptocurrency-Related Businesses
By: Seth M. Graham
The Japanese Financial Services Agency (“FSA”), Japan’s primary financial regulator, announced on March 15, 2019, that it was submitting a bill to the Diet to amend both the Payment Services Act (the “PSA”) and the Financial Instruments and Exchange Act (the “FIEA”) relating to how the... ›FCA Guidance on UK Crypto-Assets Regulation
The United Kingdom’s Financial Conduct Authority published draft guidance on the circumstances in which crypto-assets will fall within its regulatory perimeter and has invited comments and feedback on the draft guidance by 5 April 2019. In particular, it explains how it divides crypto-tokens into... ›